Allahabad High Court
Bal Kishan Garg vs Aligarh Development Authority ... on 2 May, 2014
Bench: Attau Rahman Masoodi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 56
Case :- WRIT - A No. - 34380 of 2000
Petitioner :- Bal Kishan Garg
Respondent :- Aligarh Development Authority And Others
Counsel for Petitioner :- Ashok Bhushan,Anil Bhushan,M.K. Gupta,P.K. Srivastava,R.K. Singhal,Surya Narayan
Counsel for Respondent :- Ramesh Upadhyaya,S. Agrawal,S.C.,Sc
Hon'ble Attau Rahman Masoodi,J.
An application for substitution has been filed by the wife of the petitioner ( since deceased)., who while posted as Junior Engineer in Aligarh Development Authority, retired from service on 31.3.2000.The application is hereby allowed and necessary correction to be carried out within a week.
For the purposes of payment of retiral benefits as Junior Engineer , an interim order was passed by this Court on 7.8.2000 which is re-produced as below:
"In the meanwhile, it is provided that without prejudice to the rights and contention of the parties, respondents no. 1 and 2 shall settle and pay such retiral benefits , as may be admissible to the petitioner treating the age of superannuation as 58 years within six weeks."
pursuant to the said order dated 7.8.2000, pensionary benefits , according to the learned counsel for the petitioner, were paid to him as Draftman but not as Junior Engineer.
During the pendency of the previous writ petition being Civil Misc. Writ Petition No. 14728 of 1989 filled by the petitioner was decided by the judgment dated 24.11.2005 . Operative portion of the said judgment is reproduced below :
" In view of facts and circumstances of the case stated herein above, the order dated 15th July, 1989 and 19th July, 1989 contained in Annexure -12 and 11 of the writ petition is not sustainable in the eyes of law and is liable to be quashed, accordingly, the same is quashed.
Learned counsel for the petitioner has stated that the petitioner has retired from service on 31.3.2000 on attaining 58 years of his age of superannuation. Thus, the Aligarh Development Authority is directed to finalise the post retiral benefits of the petitioner by treating his services absorbed in the Aligarh Development Authority on the post in question".
According to the learned counsel for the petitioner, judgment dated 24.11.2005 has not been challenged by the Aligarh Development Authority in any manner and therefore, the same has attained finality.
In the totality of facts and circumstances, I see no reason why Aligarh Development Authority has not implemented the judgment passed by this Court on 24.11.2005 which clearly directed to finalize the post retiral benefits of the petitioner by treating his services absorbed in the Aligarh Development Authority on the post of Junior Engineer. Now, when the petitioner has already died and is survived by his wife , who too has attained the age of 64 years and does not have any source of income, the name of widow (Smt. Rama Garg ) is substituted in place of the petitioner for adjudication of post retiral benefits which have not been paid to her deceased husband .
In the facts and circumstances of this case , it is directed that Vice -Chairman , Aligarh Development Authority shall ensure compliance of the judgment dated 24.11.2005,failing which , a cost of Rs. 25,000/- shall be imposed on him for non -compliance of the Court order , if the directions are not complied with by the Aligarh Development Authority within a period of one month from the date a certified copy of this order is produced before him.
An affidavit of service as regards the compliance of the judgment dated 24.11.2005 shall be filed by the next date of listing.
List on 7.7.2014.
Order Date :- 2.5.2014
aks
(Attau Rahman Masoodi J.)
